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2018 Supreme(Del) 3016

S.MURALIDHAR, VINOD GOEL
Rakesh Kumar – Appellant
Versus
State (GNCTD) – Respondent


Advocates Appeared:
For the Appellant : Mr. Harsh Kumar and Mr. Mohit Bhandari
For the Respondents: Mr. Kewal Singh Ahuja

JUDGMENT :

S. Muralidhar, J.

1. This appeal is directed against the judgment dated 6th April, 2018 passed by the learned District & Sessions Judge, North East District, Karkardooma Courts, Delhi in SC No. 44549/2015 arising out of FIR No. 89/2013 registered at Police Station (‘PS’) Khajuri Khas convicting the Appellant for the offence under Section 302 of the Indian Penal Code (‘IPC’) and the order on sentence dated 17th April, 2018 whereby he was sentenced to life imprisonment along with a fine of Rs.20,000/-; and in default of payment of fine, to undergo simple imprisonment (‘SI’) for two years.

2. At the outset, it requires to be noticed that the Appellant (Accused No.1 – ‘A-1’) and his mother Leela (‘A-2’) were charged with having subjected Sunita (wife of A-1/the deceased) to cruelty on account of demand of dowry prior to the date of her death on the intervening night of 18th/19th February, 2013 thereby committing an offence under Sections 498-A read with Section 34 IPC. A-1 was separately charged for having murdered his wife by strangulation at the aforementioned date and time.

3. One of the key witnesses for the prosecution was Smt. Roshni (PW-1), mother of the deceased. Her ini
















































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